Research On The Regulation Of The Terms Of The Express Delivery Service Contract In China

Delivery activities become a kind of new way of commercial service obtained the rapid development in recent years, in many areas of the national economy soon have a foothold, but in this big stage, free enterprise economy plays an indispensable role. According to relevant data. January to November 2015, add up all the national express service enterprises express reached 18.25 billion, compared with the same period last year increased by 48.1%, and express service income reached 245.62 billion yuan, a total of up 34.9% from a year earlier. November 11, 2015 during the network crazy shopping, the day light to express more than 160 million pieces, compared with the same period last year increased by 56%.But, inevitably, like other new things, the rise of it must have two sides. In express business along with the increase of the high-speed, express the contradiction between enterprises and consumers, many legal problems surfaced.Express service contract format terms in China is not only restricted the sender's "freedom of contract", the content is not reasonable, failing to general problems, such as "prompt liability", specific to each clause in the use process, more sender's rights infringement problems. After the survey found that express service enterprises in order to protect their own interests, to evade the law of obligation, without and consumer communication, alone to establish favorable terms and industry standard format, for example: limit the sender's litigation rights, not set arbitrary valuation express terms favorable valuation capital sum, the compensation principle, arbitrary limits the scope of the claim period, such as force majeure reason be arbitrarily expanding, etc., make disputes in today's Courier service.On this basis, the article aims to pass on the analysis of the express service contract format terms applicable problem, find out the causes of such express format terms, according to the specific reason put forward effective measures for standard delivery contract format terms and relevant legislative Suggestions, also can look forward to the consumer through this article to deepen understanding of the express service contract format terms, improve their awareness. The first part of this article explained the meaning of Courier service contract format terms, determination and advantages and disadvantages, the readers can know about the research object, this article first is convenient to analyze problems below; The second part mainly introduces the express service contract format terms as a standard term itself exists in China and its actual use express service to specific problems of in-depth analysis, find out the conflicts with that of the current legal standard, industry standard; The third part according to the second part of the problem, the author from two aspects of relevant supporting measures and legislation, put forward the improvement of regulation by express contract format terms, make its can be perfect.